Page:Notes and Queries - Series 11 - Volume 9.djvu/393

 ii s. ix. MAY 16, 19H.J NOTES AND QUERIES.

387

EARLY INSTANCES OF WORDS FOR THE 4 N.E.D.' In revising materials collected for a study of the French element in Scots, I have noted also some early instances of words of non-French origin, of which the following may be of interest. The abbrevia- tions are as in the ' Oxford Dictionary.'

Barberize, to shave (-' O.E.D.'). 1680, Foulis, 4 Acct.-bk.,' 59 : " To James peacock for bar- barizing me, 00. 13. 4." 1697, ibid., 218 : " To Jamie Gray to buy a sheep head and soap to Jearne him to barbarize, 00. 3. ."

Bedrel, a bedridden person (' O.E.D.,' c. 1572). 1502,' Ld. H. Treas. Accts.,' ii. 248 : " Item, that Winde, xiiijs." Wrongly explained in Glossary as " beadles."
 * amyn day [2 Feb.], to bedrellis of Sanct Mary

Bellomy, a blustering person (' O.E.D.,' 1535).

1500-20, ? Dunbar, ' Droichis Part Play ' :

J< A bawld, bust-ecus bellomy."

Bursar, " a treasurer, esp. of a college " <' O.E.D.,' 1587). 1529, ' Aberd. Reg.,' i. 123: " And to devise maisteris of wark bursouris. . . . tmrsouris to ressaue and deliuer the mony."

Cocky-leeky, " soup made of a cock boiled with leeks " (' O.E.D.,' 1771). 1737, ' Ochtertyre House-bk., ' 6 and 8 : " Dinner, cockie-leekie ; fowllis in it "

Cognosce, Sc. law, " to make investigation " <' O.E.D.,' 1583). 1556, ' Aberd. Beg.,' i. 297 : land.... ane commissioun. . . .to cognoss and decerne in all thingis concerning his office and Jurisdictioun of admiralitie in the north partis of Scotland."
 * ' James Erie Bothtwall, gryt admiral 1 of Scot-

Commendator, one who holds a benefice in comniendam (' O.E.D.,' 1561). 1505, ' Reg. Privy Seal,' i. No. 1203 : " Johne, bischop of Ylis and commenditare of Ycolmekill."

Disheir, to disinherit (-'O.E.D.,' 1492). C. 1425, Wyntoun, ' Cron.,' V. xi. 2016 : " Til disher the nobil men."

Elephantine, ivory ( - ' O.E.D.'). 1513, Douglas, ' -^En.,' VI. 72, 3 : " The todir port is forgit weill perfyte Off elyphantyne and polist evor quhite."

Feuar (' O.E.D.,' 1513-75). 1508, ' Reg. Privy Seal,' i. No. 1695: "William Lundy/fear of that ilk."

Fiery Cross (' O.E.D.,' 1547). 1545, ' Ld. H. Treas. Accts.,' viii. 409 : " Item, to Thomas Forrest, purse vant, to pas to Striveling witht the fyre cros to caus the pepill cum ford wart to my lord governour for resisting of the Inglische- men, vijs."

Fool : Gooseberry fool ('O.E.D.,' 1747). 1737-9, ' Ochtertyre House-bk.,' 54 : "A goosse- berry foull."

Gait, dial., " a small sheaf of corn set up singly in the field to dry" (' O.E.D.,' ' E.D.D.,' 1788). 1644, MS. Colmonell Kirk Session Records, 1 Nov., kindly communicated to me by Mr. D. Drynan, Colmonell, Ayrshire, " The said Kathrein pastto Issobell's rig, and took off it two sheeves bound as her pwne was, and all the rest of Isspbel's corne wes gait band, wch haveing taken keips as her owne."

Jacobite, sb.2 ('O.E.D.,' c. 1550). C. 1425, Wyntoun, ' Cron.,' viii. 679 : " The blak ordour lacobitis."

K. L. G. RITCHIE.

Edinburgh.

STRAND, Nos. 413, 414. Many lovers of old London will learn with regret that these excellent specimens of seventeenth- century houses, situated west of the Adelphi Theatre, are to be demolished. Their site has been purchased by the New Zealand Government for a central office and, exhibition building.

This could be more fittingly erected on the Strand island, the site of Wych Street, and this further wiping - out of all that is picturesque and unostentatious in the Strand could be obviated. In the interest of these buildings, I hope to write again at an early date. ALECK ABRAHAMS.

LEGAL DEFINITION OF A LAWFUL Kiss. According to the Berlin correspondent of The Daily Telegraph (11 April), when the German Criminal Code was compiled the law-makers, by some oversight, omitted to lay down the boundary line between permissible and illicit kisses, a deficiency which has now been made good by the Imperial Court at Leipzig. The ruling of that august tribunal is as follows :

" A kiss is an operation on the body of another which always requires the permission of the per- son kissed. Kisses may only be given without special permission when the tacit consent of the other is certain that is to say, in the cases of close relatives, parents, children, and lovers. If, on the other hand, the other not merely affects coyness, but offers serious resistance, it is to be assumed that the kiss is regarded as an illegal interference with personal rights and an impairment of honour. Whoever, under such circumstances, imposes a kiss on another renders himself, therefore, guilty of an insult by act. For the fulfilment of these conditions it suffices that the kiss is given against the will of the other. It is not necessary that he himself feels the kiss to be insulting."

This ruling is somewhat differently rendered by the Berlin correspondent of The Daily News ; and as the matter is of very general concern, it is of interest to append the alternative translation :

" A kiss is an operation performed upon another requiring, under all circumstances, the recipient's sanction. Such an operation may only be carried out without express permission when the one who kisses can reasonably be sure of

case of relatives, parents, children, lovers, and such
 * he other's silent consent : for instance, in the

ike. If, on the contrary, the recipient of a kiss resists, and that not merely for the sake of pre- serving appearances, but in all seriousness, then

t must be held that the person so kissed regards the kiss as an illegal infringement of privilege and as an assault upon honour. Hence, whosoever under such circumstances inflicts a kiss upon another makes himself guilty of assault. To

ulfil this condition, it is sufficient that the kiss be impressed against the other's will : it is un- necessary that the recipient should feel the kiss as an insult."